Using the name of a university on a woodcut map can potentially raise trademark and intellectual property concerns. While you're not using logos, universities often have trademark protection for their names to prevent unauthorized use for commercial purposes. Whether you can use the name...View More
On my website I'd like to have an unrecognizable character jump up and strike a block having an item come out of the block. The motion would be similar to the Mario bros. Would this create any copyright issues with Nintendo?
Using an unrecognizable character in a video game-like scenario, where the character jumps and hits a block to release an item, may still raise potential copyright issues with Nintendo or other video game companies. While the character itself may not be recognizable as a specific copyrighted...View More
To determine if "Boss Babes" is trademarked, you can conduct a search in the United States Patent and Trademark Office (USPTO) database. This will show if the term is currently registered as a trademark. Remember, even if a term is not registered as a federal trademark, it could still be...View More
Mickey Mouse, as a character and brand, is indeed protected by both copyright and trademark laws. Copyright protects original works of authorship, such as movies, books, and artwork, including animated characters. Mickey Mouse, as a creation of Walt Disney, falls under this category, safeguarding...View More
Unfortunately, I do not have enough context or details to provide specific advice about your particular situation and why your trademark attorney filed the trademark application under their own name. However, here are a few general possibilities to consider:
The Waste Management Logo Colors with Hex & RGB Codes has 2 colors which are Cadmium Green (#026937) and American Yellow (#EDAA00). If I use these colors for my Dog poop removal business branding/logo/car wrap will I open myself up to litigation
Using a similar color palette to that of another company, like Waste Management, in itself is not typically illegal. Colors alone are generally not sufficient to constitute a trademark infringement unless they have acquired distinctiveness and are strongly associated with a particular company or...View More
When considering whether to submit a trademark application for your athleisure brand, it's important to carefully assess the existing trademark landscape. The presence of multiple applications for a similar or identical name can significantly impact your chances of successfully registering...View More
The other attorney's answer to your question omits only one important point:
when there are multiple users of the same (or confusingly similar) mark for the same or similar goods/services, PRIORITY of usage -- "first in time, first in right" -- determines which of them should...View More
No, the decorative patterns and designs on Pfaltzgraff Yorktowne dishware lines are very unlikely to be protected by active trademarks or eligible for trademark protection. Therefore, you should generally be free to sell paint stencils replicating those patterns without infringing trademarks....View More
Yes, you can apply to trademark a slogan like “US Star Open I will play it one day” in the United States, provided it meets certain criteria. The United States Patent and Trademark Office (USPTO) requires that a trademark be distinctive and used in commerce to identify and distinguish goods or...View More
In order to know if a phrase is available to trademark you must first conduct a search with the USPTO. If no other individual or business has a registered trademark that is the same or similar you may file a intent-to-use or in-use application with the USPTO. Because the trademark process can be...View More
I composed a song where, at some point, I make reference to the title of an important social protest song that became a sort of an anthem, and I describe how important it was to rally the people and brake their fear to the oppressor. However I found out that its title has been trademarked, and I... View More
In Florida, referencing the title of a trademarked song in a new composition can be legally permissible under certain conditions. This usually falls under the category of fair use, especially if the reference is made in a way that is transformative, such as using the title to comment on, criticize,...View More
To ascertain if "TNO" is trademarked and who currently holds the rights, you should search the United States Patent and Trademark Office (USPTO) database. Trademarks can be country-specific, and the fact that a brand is trademarked in the UK does not automatically mean it is protected in...View More
A trademark may have a status of abandoned when the owner has failed to file a response or some other required document. It does not necessarily mean that the trademark is not in use by that applicant or any other business. You may be able to file a new trademark registration if you have conducted...View More
If a trademark has been abandoned you can file an application with the USPTO to apply for the trademark. In order to receive a registered trademark an application for the mark must be filed with the USPTO and you must also be able to provide proof of the mark being used by you as the owner in...View More
To reinstate your trademark registration for Mineral Evolution LLC, you should contact the United States Patent and Trademark Office (USPTO) or consult with a trademark attorney who can guide you through the process of reinstating and renewing your trademark registration. Be prepared to provide the...View More
You should speak with a Florida Attorney if this is in the State of Florida, if you are a do it yourself type person, you can go to Sunbiz.org, Florida Department of State website and see what needs to be done. Depending on how long it has been inactive, you may or may not be able to get it. No...View More
It means another party filed a cancellation proceeding, which is a legal proceeding that attempts to cancel the mark on one or more grounds. In this particular case, it looks like that cancellation proceeding ended in December 2022. The cancellation request was denied, meaning that it is still a...View More
"Cancellation pending" in the context of trademarks typically means that a third party has initiated proceedings to cancel the registration of the trademark. The reasons for seeking cancellation can vary, such as allegations that the trademark is no longer in use or was improperly...View More
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